Passionate about IP! Since June 2003 the IPKat weblog has covered copyright, patent, trade mark, info-tech and privacy/confidentiality issues from a mainly UK and European perspective. The team is David Brophy, Birgit Clark, Merpel, Jeremy Phillips, Eleonora Rosati, Darren Smyth, Annsley Merelle Ward and Neil J. Wilkof. You're welcome to read, post comments and participate in our community. You can email the Kats here

For the half-year to 30 June 2015, the IPKat's regular team is supplemented by contributions from guest bloggers Suleman Ali, Tom Ohta and Valentina Torelli.

Regular round-ups of the previous week's blogposts are kindly compiled by Alberto Bellan.

Friday, 30 April 2010

Google's motion for summary judgment was granted by US District Judge Gerald Bruce Lee of the Eastern District of Virginia (4th Circuit) in the trade mark infringement and AdWords litigation brought against them by Rosetta Stone. This marks the latest of three cases (Geico v Google and Rescuecom v Google) to have gone before a judge in the U.S., but again without a full trial on the issue of likelihood of confusion in an AdWords case. Tom Adams, CEO of Rosetta Stone stated:

“This is a setback for us in our effort to right a wrong, To not allow a case like this to go before a jury is very disappointing for us.”

In 2009 Rosetta Stone, a provider of foreign language educational materials,commenced proceedings against Google in relation to Google's use of their trade mark name as part of Google's AdWords program (see previous AmeriKat reports here). Rosetta Stone alleged that Google "used" the marks under the Lanham Act by selling the words to third-parties and that use created a likelihood of confusion by directing users to Rosetta's competitors.

Judge Lee has yet to issue his formal decision. As soon as he does, Rosetta Stone will reportedly consider whether or not to appeal.

The AmeriKat will bring news and comment on Judge Lee's decision as soon as she can get her tabby paws on it.

In the meantime you can watch what the IPKat's AdWords panel had to say about the Court of Justice ruling in the Google AdWords case and the US AdWords position here.